Radioactive Substances Act 1960 (repealed 27.8.1993)

1 General provisions for registration of users of radioactive material. U.K.

(1) As from the appointed day no person shall, on any premises which are used for the purposes of an undertaking carried on by him, keep or use, or cause or permit to be kept or used, radioactive material of any description, knowing or having reasonable grounds for believing it to be radioactive material, unless either—

(a) he is registered under this section in respect of those premises and in respect of the keeping and use thereon of radioactive material of that description, or

(b) he is exempted from registration under this section in respect of those premises and in respect of the keeping and use thereon of radioactive material of that description, or

(c) the radioactive material in question consists of mobile radioactive apparatus in respect of which a person is registered under section three of this Act or is exempted from registration under that section.

(2) Any application for registration under this section shall be [F1 accompanied by the prescribed fee and]made to be made to the [F2 chief inspector], specifying—

(a) the premises to which the application relates;

(b) the undertaking for the purposes of which those premises are used;

(c) the description or descriptions of radioactive material proposed to be kept or used on the premises, and the maximum quantity of radioactive material of each such description likely to be kept or used thereon at any one time; and

(d) the manner (if any) in which radioactive material is proposed to be used on the premises,

and containing such other information as may be prescribed [F3 ; and on any such application being made the chief inspector shall, subject to directions under this section, send a copy of the application to each local authority in whose area the premises are situated.]

(3) Subject to the following provisions of this section, where an application is made to the [F2 chief inspector]

for registration under this section in respect of any premises, the [F2 chief inspector]may either—

(a) register the applicant in respect of those premises and in respect of the keeping and use thereon of radioactive material of the description to which the application relates, or

(b) if the application relates to two or more descriptions of radioactive material, register the applicant in respect of those premises and in respect of the keeping and use thereon of such one or more of those descriptions of radioactive material as may be specified in the registration, or

(c) refuse the application.

[F4 (3A) An application for registration under this section which is duly made to the chief inspector may be treated by the applicant as having been refused if it is not determined within the prescribed period for determinations or within such longer period as may be agreed with the applicant.]

(4) Any registration under this section in respect of any premises may (subject to the next following subsection) be effected subject to such limitations or conditions as the [F2 chief inspector]thinks fit, and in particular (but without prejudice to the generality of this subsection) may be effected subject to conditions of any of the following descriptions, that is to say,—

(a) conditions imposing requirements (including, if the [F2 chief inspector]thinks fit, requirements involving structural or other alterations) in respect of any part of the premises, or in respect of any apparatus, equipment or appliance used or to be used thereon for the purposes of any use of radioactive material from which radioactive waste is likely to arise;

(b) conditions requiring the person to whom the registration relates, at such times and in such manner as may be specified in the registration, to furnish the [F2 chief inspector]with information as to the removal of radioactive material from those premises to any other premises;

(c) conditions prohibiting radioactive material from being sold or otherwise supplied from those premises unless it (or the container in which it is supplied) bears a label or other mark indicating that it is radioactive material or (if the conditions so require) indicating the description of radioactive material to which it belongs, and (in either case) complying with any requirements specified in the conditions in relation thereto.

(5) In the exercise of any power conferred on him by subsection (3) or subsection (4) of this section, the [F2 chief inspector], except in determining whether to impose any conditions falling within paragraph (b) or paragraph (c) of the said subsection (4), shall have regard exclusively to the amount and character of the radioactive waste likely to arise from the keeping or use of radioactive material on the premises in question.

(6) On registering a person under this section in respect of any premises, the [F2 chief inspector] shall furnish him with a certificate containing all material particulars of the registration, and [F5 (subject to directions under this section)] shall send a copy of the certificate to each local authority in whose area the premises are situated.

[F6 (7) The Secretary of State may direct the chief inspector that in his opinion, on grounds of national security, it is necessary that knowledge of—

(a) any particular application for registration under this section or applications of any description specified in the directions, or

(b) any particular registration or registrations of any description so specified,

should be restricted; and where it appears to the chief inspector that an application or registration is the subject of any such directions, the chief inspector shall not send a copy of the application or the certificate of registration, as the case may be, to any local authority under any provision of this section.]

Textual Amendments

F1 Words inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 4(1)

F2 Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 100(2)

F3 Words inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 6(1)(a)

F4 S. 1(3A) inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 11(1)

F5 Words substituted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 6(1)(b)

F6 S. 1(7) inserted by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 105, Sch. 5 para. 6(1)(c)

Modifications etc. (not altering text)

C1 S. 1 excluded (E.W.S.) by S.I. 1985/1047, art. 2, S.I. 1985/1048, art. 2, S.I. 1985/1049, art. 2 and excluded for Northern Ireland by S.R. 1986/10, art. 3, S.R. 1986/11, art. 4, S.R. 1986/12, art. 4, S.R. 1990/115, art. 3

C2 S. 1 amended by S.I. 1990/2598, art. 2